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Article 9 Building Service : Frequently Asked Questions

The FAQs listed below contain general information about Article 9, Section 230 of the Labor Law.

Q: What is a building service contract?

A: It is a contract between a contractor and a public agency in which the principal purpose is to furnish services through the use of building service employees.

Q: Who is a "building service employee"?

A: A "building service employee" is any person performing work in connection with the care or maintenance of an existing building.

Q: What occupations does a "building service employee" include?

A: A "building service employee" includes but is not limited, to, watchman, guard, doorman, building cleaner, porter, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and occupations relating to the collection of garbage or refuse, and to the transportation of office furniture and equipment, and the transportation and delivery of fossil fuel. However, a "building service employee" does  not  include  any  employee  to  whom  the provisions of Article 8 are applicable.

Q: What is considered a Public Agency?

A: A Public Agency is the State, any of its political subdivisions, a public benefit corporation, a public authority or commission or special purpose district board appointed pursuant to law, and a board of education.


Q: Does Article 9 cover maintenance to mechanical systems in a building?

A: No. Maintenance and repair to mechanical systems, which involves the employment of laborers, workers and mechanics, is subject to Article 8 prevailing rates, i.e., electrical, heating and plumbing systems.


Q: If there is a question whether a public building service contract is subject to Article 9 wages who should be contacted?

A: The Bureau of Public Work will provide advisory opinions.


Q: Can a contractor be prohibited from bidding or being awarded a building service contract?

A: The New York State Labor Law prohibits contractors who have been debarred for violations of Article 9 from bidding or being awarded building service contracts for a period of five years. A contractor is debarred when two final determinations have been rendered within any consecutive six-year period that such entity has willfully failed to pay the prevailing rate, or one final determination has been rendered involving the falsification of payroll records or the kickback of wages and/or supplements. (Article 9, Section 235, subd.7)


Q: Is there any “service work” that is not covered by Article 9 wages?

A: Yes, work performed for a contractor under a contract for the furnishing of services by radio, telephone, telegraph, or cable companies; and any contract for public utility services, including electric light and power, water, steam and gas are not covered.


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